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Planning Commission Recommendation <br />The Planning Commission, with a unanimous 7-0 vote, recommended denial of the application, in its <br />entirety due to the Class II restaurant request. The Planning Commission felt a review of the <br />commercial site plan and associated variances would be invalid at this time due to the affects the <br />proposed use would have on the site. Should the applicant choose to submit application for a Class I <br />restaurant, the commercial site plan and variances review would occur at that time. <br />Staff Recommendation <br />Uphold the Planning Commission’s recommendation. Staff would also recommend that the <br />applicant be given guidance on whether a Class I restaurant would be appropriate due to the <br />proximity of the site to the residential neighborhood. The applicant should be advised that a <br />Planning Commission review for a Class I restaurant, commercial site plan review and associated <br />variances would still be required. <br />Effects of Denial on Future Applications <br />Zoning Code Section 78*125 states that “No application for a variance which has been denied <br />wholly or in part shall be resubmitted for a period of six months from the date of the order of denial, <br />except on grounds of new evidence or proof of change of conditions found to be valid by the <br />planning commission.” The denial effectively ends the current application #04-2977. If applicant <br />chooses to make a new application for a use without a Class II restaurant, but requesting some of the <br />same site plan variances, the Planning Commission could waive the 6-month delay. <br />COUNCIL ACTION REQUESTED <br />Adopt the attached Resolution denying the request for a CUP approval for a Class II restaurant, <br />commercial site plan review and associated variances.